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Breaking Contract
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Apr 24, 2011 2:53 am    Post subject: Re: Want to change schools, not leave Korea Reply with quote

Mornington wrote:
I was in Korea last year for three months, I had to leave as my father died suddenly and unexpectedly. I pretty much had to do a "Midnight Run" however I told my school about what happened before I left and they were okay about letting me go. They never mentioned anything about money (although they had 700,000 won from my first paycheck and it had been about two weeks since my last pay which would have been about 1,000,000 won). I didn't ask them for any either. I handed in my ARC at the airport. I have been looking at going back to Korea. My school are even allowing me to use them as a reference (they must be giving me a reasonable one as I have been offered a few contracts). Will I have any problems with getting an e2 visa? If I am given an E2 Visa would immigration do anything when I am entering Korea?


No problems and no worry about K-immi.

.

djkelly01 wrote:
Here's my situation and any advice would be greatly appreciated.

Basically, I presently work for CDI and I loathe it with a burning passion, the whole system is disorganized, rushed, last minute and panic stricken, the class structure changes weekly, and new duties and responsibilities that I wasn't told about keep surfacing.

The recruiter straight out lied about too many things to mention, but about nearly every element of this process, the most troubling being housing, according to the recruiter and the contract I signed before I came I would have a choice of housing, instead I was shoved into a 1 room cube with mold all over it. I have brought up the mold, and I have been told "your housing situation is not a high priority for us at the moment".

Anyway, I want to leave THIS school, but I would like to find another school and stay in Korea. I have a CRC from January that is still valid my original diploma and an apostatized certified copy (I thought ahead).

Will I be able to quit and line up another job? Or will future employers in Korea be like "why did you quit?" "Oh it sucked" "oh, you will be a bad employee"? Or is there some sort of law in place that will stop me from getting a new job? There is almost no chance of a release letter, they whole operation is a bit crooked.

Any advice is appreciated!


4 options (pick one):

1) pull a MNR; leave Korea (even 1 day is fine), hand in your ARC on the way through passport control (canceling your visa), return and begin the job search and visa process from the start. Do a visa run to get your new visa and begin your new job.

2) Give notice, leave and PRAY that they don't screw you out of your last pay and that they do give you a LOR (they are not legally required to do so).
IF you get a LOR you will be able to transfer to a new job.
If you do NOT get a LOR then see 1).

3) Tuff it out till your contract ends and transfer to a new job.

4) Leave an choose a new country. China is hiring now for Aug/Sept starts.

.
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djkelly01



Joined: 06 Dec 2010

PostPosted: Sun Apr 24, 2011 4:10 am    Post subject: okay Reply with quote

post removed by request

Last edited by djkelly01 on Fri May 06, 2011 7:57 am; edited 1 time in total
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Apr 24, 2011 5:43 am    Post subject: Re: okay Reply with quote

djkelly01 wrote:
So if I bounce and hand in my ARC card I can begin the search anew? Will my three long painful months at CDI matter? Should I list them on my resume or pretend I was never here before?

Really wish I had thoroughly researched CDI before I got into this, apparently I am not the only teacher to have gotten the run around.

What are some good sources to look for re China?

Any info on SE Asia? Thailand, Cambodia? I had an offer from Media Kids in Thailand but when I googled them they sounded like the Thai CDI.


China: the China jobs section of this board or google "SAFEA". They are looking for an estimated 50,000 NEW teachers this year (over and above those who are there already).

Cambodia, try the international forums, I don't have much info.

Thailand: your first year will suck (low salary (30-40k baht) and no benefits) but there is lots of room to move up and/or laterally. This is a good time to be here (school year starts in about 3 weeks) and there are LOTS of entry level jobs in regular schools as well as the usual run of language academies.

.
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turquoisejoy



Joined: 05 Dec 2009

PostPosted: Wed May 04, 2011 6:58 am    Post subject: Reply with quote

does anyone know if there is a law that says how much notice the EMPLOYEE is required to give before resigning/breaking the contract??
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed May 04, 2011 5:54 pm    Post subject: Reply with quote

turquoisejoy wrote:
does anyone know if there is a law that says how much notice the EMPLOYEE is required to give before resigning/breaking the contract??


The labor standards act says that if an employee has worked more than 6 months the employer is required to give 30 days notice, pay or a combination of both.

If an employee has worked less than 6 months they are not entitled to notice.
*articles 23-27 of the labor standards act.

If an employee wants to quit they can leave at will. They CANNOT be forced to work against their will.

Article 7 (Prohibition of Forced Labor)
No employer shall force a worker to work against his own free will through the use of violence, intimidation, confinement or any other means which unlawfully restrict mental or physical freedom.

Article 15 (Labor Contract contrary to This Act)
(1) A labor contract which establishes working conditions which do not meet the standards provided for in this Act shall be null and void to that extent.

(2) Those conditions invalidated in accordance with the provisions of paragraph (1) shall be governed by the standards provided in this Act.
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jdakoske



Joined: 19 May 2011

PostPosted: Fri May 20, 2011 8:39 am    Post subject: Contract Question Reply with quote

I signed a contract for a job in September and I haven't sent any documents yet - I just sent the signed page through e-mail in a PDF file. The recruiter has been super shady and in the meantime I interviewed for another job I feel much better about through the school directly. Will I have problems breaking the first contract and going with the second one....they don't have any of my papers yet.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Fri May 20, 2011 11:17 pm    Post subject: Re: Contract Question Reply with quote

jdakoske wrote:
I signed a contract for a job in September and I haven't sent any documents yet - I just sent the signed page through e-mail in a PDF file. The recruiter has been super shady and in the meantime I interviewed for another job I feel much better about through the school directly. Will I have problems breaking the first contract and going with the second one....they don't have any of my papers yet.


no problem and no worry. Move on.

.
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SCAshley



Joined: 15 Nov 2010

PostPosted: Sun May 22, 2011 10:07 pm    Post subject: Reply with quote

My situation: I teach public. I have been here a little over 4 months and would like to leave at 6 months. My 6 month mark is July 4th, but I was planning to stay until July 22nd, since that's the end of the semester and it's so close to when I would be leaving anyway (I'm not intentionally trying to screw my school, they're pretty nice, I just really don't like Korea).

1. Since I won't have worked 6 months yet when I give my notice, then they can fire me on the spot and demand I repay airfare?

2. Should I wait until after June's pay day (June 17th) to give notice incase they freak out then just pull a runner? They have a 900,000 deposit.

Any advice? I would ideally I would like to not have to repay the airfare (as by the time I would leave I would have worked over 6 months) and get my deposit back. I know it's not always possible to have your cake and eat it too...
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authoritar



Joined: 15 May 2011

PostPosted: Tue Jul 12, 2011 8:41 pm    Post subject: Reply with quote

I agree with many, wait until pay day and then hand in your notice, if he sacks you on the spot you are no worse off than if you did a runner, if he allows you to work your notice then you can get extra money and time to sort yourself out.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jul 12, 2011 8:54 pm    Post subject: Reply with quote

authoritar wrote:
I agree with many, wait until pay day and then hand in your notice, if he sacks you on the spot you are no worse off than if you did a runner, if he allows you to work your notice then you can get extra money and time to sort yourself out.


The advice quoted above is crap.

Public school = give notice and get what is yours. The government won't likely screw you out of your salary or deposit.

Private school or hagwan = give notice and kiss your last month's pay goodbye (you'll never see it unless you plan to stay in Korea for another year to fight for it).

.
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Ralphie



Joined: 24 Mar 2010
Location: Beijing, PRC

PostPosted: Tue Aug 16, 2011 10:26 pm    Post subject: Reply with quote

SCAshley wrote:
My situation: I teach public. I have been here a little over 4 months and would like to leave at 6 months. ...


I'm in a similar situation, except I'm thinking of doing a runner* during summer vacation. (*I know the ethics of doing something like this and the scumminess of not wanting to re-pay the settlement and airfare allowances.) My question is this: can I collect my pension contributions from the past five months if I can show NPS my one way ticket out of Korea?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Aug 17, 2011 2:21 am    Post subject: Reply with quote

Ralphie wrote:
SCAshley wrote:
My situation: I teach public. I have been here a little over 4 months and would like to leave at 6 months. ...


I'm in a similar situation, except I'm thinking of doing a runner* during summer vacation. (*I know the ethics of doing something like this and the scumminess of not wanting to re-pay the settlement and airfare allowances.) My question is this: can I collect my pension contributions from the past five months if I can show NPS my one way ticket out of Korea?


yes.

.
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McKennaHenna



Joined: 09 Aug 2011

PostPosted: Tue Sep 06, 2011 5:39 am    Post subject: Reply with quote

I need advice on my current situation:

The area I'm currently teaching in is a lot more rural than I expected---I've only been here a couple of weeks but I'm beginning to feel that it is not right for me at all. I work at a hagwon and would like to switch to another branch in a more urban location.

I talked to my recruiter about this and he told me that this would be very difficult because each visa is sponsored by the school you teach at. I was also told that I would have to get the CBC, apostille, and all those documents again if I was to transfer.

I'm willing to work here a few more months (I still need to get my ARC and I would like to at least get my first paycheck), but does anyone have any info. on what I should do?

Do I need those documents to transfer to a different branch? I'm wondering if I should start working on getting them now---I would ideally like to switch in 3-6 months or so.

Any info. at all would be very much appreciated.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Sep 06, 2011 5:59 am    Post subject: Reply with quote

McKennaHenna wrote:
I need advice on my current situation:

The area I'm currently teaching in is a lot more rural than I expected---I've only been here a couple of weeks but I'm beginning to feel that it is not right for me at all. I work at a hagwon and would like to switch to another branch in a more urban location.

I talked to my recruiter about this and he told me that this would be very difficult because each visa is sponsored by the school you teach at. I was also told that I would have to get the CBC, apostille, and all those documents again if I was to transfer.

I'm willing to work here a few more months (I still need to get my ARC and I would like to at least get my first paycheck), but does anyone have any info. on what I should do?

Do I need those documents to transfer to a different branch? I'm wondering if I should start working on getting them now---I would ideally like to switch in 3-6 months or so.

Any info. at all would be very much appreciated.


To transfer to a new location no, you do not need those documents again but you do need a LOR (permission from your boss).

To pull a runner you don't need to do anything but leave the day after payday but you will need new documents again to get a new visa. Start now cause it will take months to get them again.

.
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McKennaHenna



Joined: 09 Aug 2011

PostPosted: Wed Sep 07, 2011 4:06 am    Post subject: Reply with quote

So what defines pulling a runner?
Transferring before the contract is up?

Technically I would be breaking the contract AND transferring. So does this mean I would need all those new documents?

I just want to make sure that I'm not stuck in another suburban location....

Thanks for any info. anyone can provide!
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